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Jones v. Hardwick

Petition for certiorari denied on October 3, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-1379 11th Cir. N/A N/A N/A N/A OT 16

Issue: (1) Whether the Eleventh Circuit may reject the state court's findings of fact under Anderson v. Bessemer City, where the defendant's post conviction hearing was full and fair and the findings were not clearly erroneous; (2) whether, in granting habeas corpus relief to a state prisoner under pre-Antiterrorism and Effective Death Penalty Act, the Eleventh Circuit impermissibly relieved the defendant of his burden of proof under Strickland v. Washington; (3) whether the Eleventh Circuit may grant habeas relief under Strickland not withstanding that (a) the defendant waived presentation of mitigation and impeded counsel's attempts to do so, or (b) the evidence the defendant claims should have been presented was either not available, not credible, or not mitigating; and (4) whether Schriro v. Landrigan requires denial of Hardwick's habeas claim where counsel's unchallenged and credible testimony was that his client instructed him not to present any evidence in mitigation.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 7 2016Petition for a writ of certiorari filed. (Response due June 13, 2016)
Jun 3 2016Brief of respondent John Gary Hardwick, Jr. in opposition filed.
Jun 3 2016Motion for leave to proceed in forma pauperis filed by respondent John Gary Hardwick, Jr.
Jun 22 2016DISTRIBUTED for Conference of September 26, 2016.
Oct 3 2016Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Oct 3 2016Petition DENIED.